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Bostock v. Clayton County, Georgia

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
17-1618 11th Cir. Oct 8, 2019
Tr.Aud.
TBD TBD TBD OT 2019

Issue: Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 25 2018Petition for a writ of certiorari filed. (Response due July 2, 2018)
Jun 05 2018Blanket Consent filed by Petitioner, Gerald Lynn Bostock.
Jun 27 2018Waiver of right of respondent Clayton County, Georgia to respond filed.
Jul 03 2018DISTRIBUTED for Conference of 9/24/2018.
Jul 13 2018Response Requested. (Due August 13, 2018)
Aug 02 2018Supplemental brief of petitioner Gerald Lynn Bostock filed.
Aug 10 2018Brief of respondent Clayton County, Georgia in opposition filed.
Aug 24 2018Reply of petitioner Gerald Lynn Bostock filed.
Aug 29 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 11 2018Rescheduled.
Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
Nov 26 2018Rescheduled.
Dec 03 2018DISTRIBUTED for Conference of 12/7/2018.
Dec 03 2018Rescheduled.
Dec 20 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019DISTRIBUTED for Conference of 2/22/2019.
Feb 25 2019DISTRIBUTED for Conference of 3/1/2019.
Mar 11 2019DISTRIBUTED for Conference of 3/15/2019.
Mar 18 2019DISTRIBUTED for Conference of 3/22/2019.
Mar 25 2019DISTRIBUTED for Conference of 3/29/2019.
Apr 08 2019DISTRIBUTED for Conference of 4/12/2019.
Apr 15 2019DISTRIBUTED for Conference of 4/18/2019.
Apr 22 2019Petition GRANTED. The petition for writ of certiorari in No. 17-1623 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Apr 23 2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-1618. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-1618. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
May 09 2019Briefing proposal from the parties in Nos. 17-1618, 17-1623, and 18-107 filed. VIDED.
May 13 2019Petitioner in No. 17-1618, respondents in No. 17-1623, and respondent Aimee Stephens in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(v), on or before Wednesday, June 26, 2019. Respondent in No. 17-1618, petitioners in No. 17-1623, and petitioner and respondent EEOC in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(vi), on or before Friday, August 16, 2019. Reply briefs, if any, pursuant to Rule 33.1(g)(vii), shall be filed on or before Monday, September 16, 2019. Amicus curiae briefs shall be filed pursuant to Rule 37.3. VIDED.
May 22 2019Blanket Consent filed by Petitioner, Altitude Express, Inc., et al. (petitioners in 17-1623)
Jun 05 2019Letter from counsel for petitioner, respondents in 17-1623, and respondent Aimee Stephens in 18-107, regarding requests for consent to file amicus curiae briefs filed. VIDED.
Jun 12 2019Blanket Consent filed by Respondent, Clayton County, Georgia.
Jun 26 2019Joint appendix filed (in 17-1618). (Statement of costs filed)
Jun 26 2019Brief of petitioner Gerald Lynn Bostock filed.
Jun 26 2019Joint appendix filed (in 17-1623). (Statement of costs filed)
Jun 26 2019Brief of respondents Melissa Zarda, et al. filed (in 17-1623).
Jun 27 2019Brief amicus curiae of Karl Olson filed. VIDED.
Jul 01 2019SET FOR ARGUMENT on Tuesday, October 8, 2019. VIDED
Jul 02 2019Brief amici curiae of The Women’s and Children’s Advocacy Project, Equal Means Equal, and Allies Reaching for Equality filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Employment Discrimination Law Scholars filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amicus curiae of Altria Group, Inc. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of William N. Eskridge Jr. and Andrew M. Koppelman filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Anti-Discrimination Scholars filed. VIDED. (Also in 18-107)
Jul 03 2019Letter to the Clerk Joining Another Amicus Brief of Intel Corporation not accepted for filing. (July 05, 2019)
Jul 03 2019Brief amici curiae of The Southern Poverty Law Center, et al. filed. VIDED. (Also in 18-107).
Jul 03 2019Brief amicus curiae of Legal Aid Society filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Statutory Interpretation and Equality Law Scholars filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of 206 Businesses filed. VIDED. (Also in 18-107).
Jul 03 2019Brief amici curiae of Modern Military Association of America and Transgender American Veterans Association filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of States of Illinois, New York, et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Philosophy Professors filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Historians filed. VIDED. (Also in 18-107).
Jul 03 2019Brief amici curiae of National Education Association, et al. filed. VIDED. (Also in 18-107).
Jul 03 2019Brief amicus curiae of American Bar Association filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of InterACT: Advocates for Intersex Youth, et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of The Trevor Project, PFLAG, and Family Equality filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Business Organizations filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of The American Medical Association, et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Muslim Bar Association of New York, et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Scholars Who Study the LGB Population filed. VIDED.
Jul 03 2019Brief amici curiae of Local Governments and Mayors filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of National LGBT Bar Association, et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Kenneth B. Mehlman et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Corpus-Linguistics Scholars Professors Brian Slocum, et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of The Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al. filed. VIDED (Also in 18-107)
Jul 03 2019Brief amici curiae of Former Executive Branch Officials and Leaders, et al. filed. VIDED. (also in 18-107)
Jul 03 2019Brief amici curiae of Georgia Equality filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Members of Congress filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Service Employees International Union, et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Women CEOs and Other C-Suite Executives filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Walter Dellinger, et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed. VIDED.
Jul 03 2019Amicus brief of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. not accepted for filing. (Corrected version submitted).
Jul 03 2019Brief amici curiae of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. filed (July 10, 2019). VIDED. (Also in 18-107).
Jul 03 2019Brief amici curiae of Wisconsin Advcocacy Organizations filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of American Psychological Association, et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession and Law Students filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of National Women's Law Center filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Impact Fund, et al. filed. VIDED. (Also in 18-107)
Jul 03 2019Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, and 57 Civil Rights Organizations filed. VIDED. (Also in 18-107)
Jul 08 2019Statement of Printing Cost of Melissa Zarda et al. (respondents in 17-1623) not accepted for filing. (July 12, 2019). (Document not of the type to be filed electronically)
Jul 26 2019Joint motion of petitioner Bostock and respondents Zarda and Moore for divided argument filed. VIDED.
Aug 01 2019CIRCULATED
Aug 16 2019Brief of petitioners Altitude Express, Inc., et al. filed (in 17-1623). (Distributed)
Aug 16 2019Brief amicus curiae of Foundation for Moral Law filed. VIDED. (Distributed). (Also in 18-107)
Aug 16 2019Brief of respondent Clayton County, Georgia filed (in 17-1618). (Distributed)
Aug 16 2019Record requested from the U.S.C.A. 11th Circuit.
Aug 19 2019Brief amicus curiae of Marriage Law Foundation filed. VIDED. (Distributed)
Aug 20 2019Brief amicus curiae of The H.T. Hackney Co. filed. VIDED. (Distributed) (Also in 18-107)
Aug 20 2019Brief amicus curiae of First Liberty Institute filed. VIDED. (Distributed) (Also in 18-107)
Aug 21 2019Brief amicus curiae of Advocates for Faith and Freedom filed. VIDED. (Distributed) (Also in 18-107)
Aug 21 2019Brief amicus curiae of David A. Robinson filed. VIDED. (Distributed) (Also in 18-107)
Aug 21 2019Amicus brief of David A. Robinson not accepted for filing. (Duplicate submission)(August 26, 2019)
Aug 21 2019Brief amici curiae of Defend My Privacy, et al. filed. VIDED. (Distributed) (Also in 18-107)
Aug 22 2019Amicus brief of National Association of Evangelicals, et al. not accepted for filing. (August 23, 2019)
Aug 22 2019Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed. VIDED. (Distributed) (Also in 18-107)
Aug 22 2019Brief amici curiae of National Association of Evangelicals, et al. filed. VIDED. (Distributed) (Also in 18-107)
Aug 22 2019Brief amici curiae of Institute for Faith and Family and Christian Family Coalition filed. VIDED. (Distributed) (Also in 18-107)
Aug 22 2019Brief amici curiae of Billy Graham Evangelistic Association, et al. filed. VIDED. (Distributed) (Also in 18-107)
Aug 22 2019Brief amicus curiae of New Civil Liberties Alliance filed. VIDED. (Distributed) (Also in 18-107)
Aug 22 2019Brief amicus curiae of American Public Philosophy Institute filed. VIDED. (Distributed) (Also in 18-107)
Aug 23 2019Brief amicus curiae of Ryan T. Anderson filed. VIDED (Distributed) (Also in 18-107)
Aug 23 2019Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. (Distributed)
Aug 23 2019Brief amicus curiae of United States filed. VIDED. (Distributed)
Aug 23 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Aug 23 2019Brief amici curiae of Council of Christian Colleges & Universities, et al. filed. VIDED. (Distributed) (Also in 18-107)
Aug 23 2019Brief amici curiae of Religious Freedom Institute's Islam & Religious Freedom Action Team and Islamic Scholars filed. VIDED. (Distributed) (Also in 18-107)
Aug 23 2019Brief amici curiae of States of Tennessee, et al. filed. VIDED. (Distributed) (Also in 18-107)
Aug 23 2019Brief amici curiae of Public Advocate of the United States, et al. filed. VIDED.(Distributed)
Aug 23 2019Brief amici curiae of Members of Congress filed. VIDED. (Distributed) (Also in 18-107)
Aug 23 2019Brief amicus curiae of Liberty Counsel filed. VIDED. (Distributed)
Aug 23 2019Brief amici curiae of Business Organizations filed. VIDED. (Distributed) (Also in 18-107)
Aug 23 2019Brief amicus curiae of W. Burlette Carter filed (in 17-1623). (Distributed)
Aug 23 2019Amicus brief of Muslim American Leaders not accepted for filing. (October 01, 2019)
Aug 27 2019Record from the U.S.C.A. 11th Circuit is complete and located on PACER.
Sep 10 2019Reply of respondent Melissa Zarda, et al. (respondents in 17-1623) filed. VIDED. (Distributed)
Sep 10 2019Reply of petitioner Gerald Lynn Bostock filed. (Distributed)
Sep 11 2019Motion for divided argument filed by petitioners DENIED. VIDED.
Sep 11 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
Oct 07 2019Amicus brief of Muslim American Leaders submitted.
Oct 08 2019Argued. For petitioner in 17-1618 and respondents in 17-1623: Pamela S. Karlan, Stanford, Cal. For respondent in 17-1618 and petitioners in 17-1623: Jeffrey M. Harris, Arlington, Va.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
 
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